HomeMy WebLinkAbout0138 Intent to Sell City Property 1974ORDINANCE NO. 138
A2~ ORDINANCE OF THE CITY OF CHUBBUCK, IDA}{O, RXPPESSING
AN INTENT TO SELL CERTAIN DESCRIBED R~AL PROPERTY O~TED
BY TEqg CITY; DIRECTING THAT SAID PP. OPERTY FIRST BE
APPRAISED; AUTHORIZING SALE FOR CASI:? OF SAID PROPERTY
BY PUBLIC AUCTION TO THE HIGHEST BIDDER FOR AN
EOUALLING OR EXCEEDING THE APP.r{AISAL; RESE.RVING TO
T}~ CITY THE RIGHT TO REJECT A?~Y OR ALI, BIDS; PROH!BITII'~
SUCH SALE FRO~ OCCURRING UNTIL SIXTY ~AYS }~VR..
FROM THE DATE OF PASSAG~ OF T~{IS O~DI~ANCF.;
THAT PR~EEDS FROM SALE S~{ALL B~ USED TO DISCUAR~E CITY
INDEBTEDNESS OR FOR PUBLIC I~D~.OVE~-~T; P~.OTECTI?~
~}~INING PROVISIONS OF T}{IS O~DI~A~ICE IF ONE
S~{OULD BE ~ELD I~rALID; AMD PROVTDTT.T~ ~-~{E?~ T}{IS
SH~L BECO~ EFFeCTIVe. //
BE IT O~AINED BY %rUE ~AYOP. ATID COI~.ICIL ~V
OF CHUBBUCK, IDle: /
SECTION 1. Pursuant to Idaho Code ~50~401
and
50-1403, the City hereby expresses its intent ~ sell the follow-
/
inq described real property, located at 454~Yellov~stono, Chubbuck,
Idaho, which is not currently used for pu~ic purposes:~
Southeast marter of the Northwest Ca~er of Section Ten,
To.ship S~ South, Range ~rty-Four~ast ~se Meridian.
SECTION 2. I~ediate~- upon the effective date o~h~'
~ordinan~e, the Mayor ~hal.1 ca~e tho above-0eScribed realty
~be appraised by one or mor~ profesolonallv mlallfied aooral, sers.
3. ~ the results of appraisal have been
SECTION
received, the City Cle.~ shall cause to be published in the Idaho
State Journal, the o~ficial news~ao~r of the City, an
for Bids" descrlb~ tho realty in'.~guestion, speclfyinq its
appraised valuers the minimum acceP'table bid, stating
ti]at said
/
realty will b~sold for cash to the hf~host bidder, indicating
~.when the est bid will be awardedr a~d r_...,ervzng, to the City
the right/to reject any and all b~ds
/ o~g
SECTION 4. Notwithstanding the f .oing provisions,
the sale of real property shall no% occur unti~sixty days have
expired from the date of ~assage of this ordinance, to provide
TO:
FROM:
Idaho State Journal
Don Burnett, Chubbuck City Attorney
Publication of Attached Ordinance
Please publish the attached ordinance with the following note
at the tops
On September 24, 1974, the following ordinance was
duly passed as read by the Mayor an~ Council of the
City of Chttbbuck, Idaho. Prior publication of this
ordinance on the day of , 1974,
did not fully conform to the lang~laqe o-~e ordinance
as read and passed. Consequently, such prior publica-
tion shall be deemed ineffective and the following
publication substituted therefor:
(print attached ordinance)
ORDINANCE NO. 138
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO EXPRESSING
AN INTENT TO SELL CERTAIN DESCRIBED REAL PROPERTY OWNED
BY THE CITY; DIRECTING THAT SAID PROPERTY FIRST BE
APPRAISED; AUTHORIZING SALE FOR CASH OR TERMS OF SAID
PROPERTY BY PUBLIC AUCTION TO THE HIGHEST BIDDER FOR AN
AMOUNT EQUALLING OR EXCEEDING THE APPPAISAL; RESERVING
TO THE CITY THE RIGHT TO REJECT ANY OR ALL BIDS; PRO-
HIBITING SUCH SALE FROM OCCURRING UNTIL SIXTY DAYS HAVE
EXPIRED FROM THE DATE OF PASSAGE OF THIS ORDINANCE;
PROVIDING THAT PROCEEDS FROM SALE SHALL BE USED TO
DISCHARGE CITY INDEBTEDNESS OR FOR PUBLIC IMPROVEMENT;
PROTECTING THE REMAINING PROVISIONS OF THIS ORDINANCE
IF ONE PROVISION SHOULD BE HELD INVALID; AND PROVIDING
WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF CHUBBUCK, IDAHO:
SECTION 1. Pursuant to Idaho Code ~§50-1401 and
50-1403, the City hereby expresses its intent to sell the follow-
ing described real property, located at 4545 Yellowstone, Chubbuck,
Idaho, which is not currently used for public purposes:
The South half of the North half of the North Half of the
Southeast Quarter of the Northwest Quarter of Section Ten,
Township Six South, Rante Thirty-Four East Boise Meridian.
SECTION 2. Immediately upon the effective date of this
ordinance, the Mayor shall cause the above-described realty to
be appraised by one or more professionally qualified appraisers.
SECTION 3. When the results of appraisal have been
received, the City Clerk shall cause to be published in the Idaho
State Journal, the official newspaper of the City, an "Invitation
for Bids" describing the realty in question, specifying its
appraised value as the minimum acceptable bid, stating that said
realty be sold for cash or terms to the highest bidder, indicating
how the highest bid will be awarded, and reserving to the City
the right to reject any and all bids.
SECTION 4. Notwithstanding the foregoing provisions,
the sale of real property shall not occur until sixty days have
expired from the date of passage of this ordinance, to provide
time for the filing of petitions in oD~osition, if any, as
prescribed by Idaho Code ~50-1403.
SECTION 5. Proceeds from sale of the above-described
property shall be used exclusivel? to discharge indebtedness
existing against the City, or for needed public improvements,
as required by Idaho Code ~50-1407.
SECTI~ 6. If any section, paragraph, clause or
provision of this ordinance is held invalid by any court of
competent jurisdiction, for any reason., such holding shall not
affect the validity or enforceability of any of the remaining
Drovisions hereof.
SECTION 7. The rule requ±ring an ordinance to be read
on three separate days is hereby ~isoensed with, and this
ordinance shall become effective upon its apDroval and Dublic-
ation as provided by law.
PASSED BY T~E ~YOR AND COUNCIL of the City of Chubbuck,
Idaho, this
2&th day of ___S~tember
.... 'i,: ,
! ~ayor
, 1974.
ATTEST:
-2-
STATE OF IDAHO )
)
COUNTY OF BANNOCK )
)
CITY OF CHUBBUCK )
SS.
I, Vera C. Armstrong, the duly chosen, qualified and
acting Clerk of the City of Chubbuck, (the "City"), in the
County of Bannock and State of Idaho, do hereby certify:
1. The foregoing pages numbered (1) through (3) are
true, perfect, complete and compared copies of the excerpts
from the record of the proceedings of the City Council of the
City had and taken at a lawful meeting of the Council held at
the City Hall, 5160 Yellowstone Street, in the City, on the 2~th
day of Sept.ember , 1974, commencing at the hour of 8:00 o'clock
p .m., as recorded in the regular official book of records of the
proceedings of such Council kept in my office, insofar as the
same refer to and concern the issuance of bonds by the City,
including, without limitation, the adoption of the 10-1-72
Postsale Ordinance accepting the best bid for the bonds, and
consisting of pages -1- through -4-.
2. I was in attendance at the meeting, and the foregoing
proceedings were duly had and taken as therein shown, the meet-
ing shown was duly held, and the persons named therein as present
at the meeting were present as shown by such minutes.
3. All members of the City Council were duly notified
of the meeting.
4. No other business concerning revenue bonds of the
City was taken at the meeting.
WITNESS my hand and the seal of the City of Chubbuck this
2~+th day of September
, 1974.
City- Clerk
(4)
Councilman Menard seconded the motion
for the adoption of the ordinance.
The Clerk was then instructed to call the roll on the
passage of the ordinance and the roll call on the passage of
the ordinance resulted as follows:
Those Voting Aye: Dwain A. Kinghorn
Earl L. Romriell
Jack J. Menard
Wayne G. Taylor
Those Voting Nay: None
Those Absent: None
The ordinance was thereupon, by the Mayor, declared to
have been duly passed.
It was moved by Councilman
by Councilman Romriell
Taylor , seconded
, that the Clerk of the City
be ordered to publish the ordinance in full immediately and in
at least one issue of the Idaho State Journal, a newspaper pub-
lished and of general circulation in the City of Chubbuck, Ban-
nock County, Idaho.
Thereupon, the Clerk was ordered to call the roll on the
motion and the roll call upon the motion was as follows:
Those Voting Aye: Dwain A. Kinghorn
Earl L. Romriell
Jack J. Menard
Wayne G. Taylor
Those Voting Nay: None
Those Absent: None
The Mayor thereupon declared that the motion was duly
carried.
Other business not concerning the proposed sewer revenue
bonds was thereupon considered.
There being no further business to come before the meet-
ing, the meeting was, on motion duly made, seconded and unani-
mously carried, adjourned.
(_ Mayor
(3)